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Articles 61 - 71 of 71
Full-Text Articles in Law
Avoidance Strategy: Same-Sex Marriage Litigation And The Federal Courts, William C. Duncan
Avoidance Strategy: Same-Sex Marriage Litigation And The Federal Courts, William C. Duncan
Campbell Law Review
This brief article examines the strategy of avoiding federal court review and federal constitutional claims for same-sex marriage. It first surveys the history of same-sex marriage litigation in the federal courts. It then turns to the question of why federal courts and claims have been avoided, identifying the most obvious explanation - a conscious strategic aim. The conclusions discussed in that section are exemplified in recent litigation in the Ninth Circuit. The article concludes with some comments on the policy implications of the strategy it describes.
Rhetorical Holy War: Polygamy, Homosexuality, And The Paradox Of Community And Autonomy, Gregory C. Pinfree
Rhetorical Holy War: Polygamy, Homosexuality, And The Paradox Of Community And Autonomy, Gregory C. Pinfree
American University Journal of Gender, Social Policy & the Law
No abstract provided.
A Privacy Right To Public Recognition Of Family Relationships - The Cases Of Marriage And Adoption, David D. Meyer
A Privacy Right To Public Recognition Of Family Relationships - The Cases Of Marriage And Adoption, David D. Meyer
Villanova Law Review
No abstract provided.
Confronting America's Ambivalence Towards Same-Sex Marriage: A Legal And Policy Perspective, Justin R. Pasfield
Confronting America's Ambivalence Towards Same-Sex Marriage: A Legal And Policy Perspective, Justin R. Pasfield
West Virginia Law Review
No abstract provided.
"Just" Married?: Same-Sex Marriage And A Hustory Of Family Plurality, Judith E. Koons
"Just" Married?: Same-Sex Marriage And A Hustory Of Family Plurality, Judith E. Koons
Michigan Journal of Gender & Law
To contribute to a full moral deliberation about same-sex marriage, this Article inquires into the meanings of marriage, sexuality, and family from historical and narrative perspectives that are situated at the intersection of religious and political domains.
Is Marriage Obsolete?, Lynn D. Wardle
Is Marriage Obsolete?, Lynn D. Wardle
Michigan Journal of Gender & Law
Is legal marriage obsolete? Wardle thinks not. In order to understand why not, it is necessary first to grasp the significance of the focus of the discussion on the legal status of marriage. As this Introduction suggests, lack of legal marriage status does not prevent families and communities from treating couples as married nor does the law forbid couples from voluntarily providing each other "marital benefits." Nevertheless, whether marriage is obsolete at the beginning of the twenty-first century is an important question. This article analyzes four dimensions of that question.
Marriage And Belonging, Ann Laquer Estin
Marriage And Belonging, Ann Laquer Estin
Michigan Law Review
Marriage is a quintessentially private institution. Justice Douglas put the point this way in 1965, writing for the Supreme Court in Griswold v. Connecticut: "We deal with a right of privacy older than the Bill of Rights - older than our political parties, older than our school system. Marriage is a coming together for better or for worse, hopefully enduring, and intimate to the degree of being sacred. It is an association that promotes a way of life, not causes; a harmony in living, not political faiths; a bilateral loyalty, not commercial or social projects. Yet it is an association …
Suffer The Little Children: Justifying Same-Sex Marriage From The Perspective Of A Child Of The Union, Lewis A. Silverman
Suffer The Little Children: Justifying Same-Sex Marriage From The Perspective Of A Child Of The Union, Lewis A. Silverman
West Virginia Law Review
No abstract provided.
The Freedom To Marry For Same-Sex Couples: The Opening Appellate Brief Of Plaintiffs Stan Baker Et Al. In Baker Et Al. V. State Of Vermont, Mary Bonauto, Susan M. Murray, Beth Robinson
The Freedom To Marry For Same-Sex Couples: The Opening Appellate Brief Of Plaintiffs Stan Baker Et Al. In Baker Et Al. V. State Of Vermont, Mary Bonauto, Susan M. Murray, Beth Robinson
Michigan Journal of Gender & Law
As the first state to prohibit slavery by constitution, and one of the few states which, from its inception, extended the vote to male citizens who did not own land, the State of Vermont has long been at the forefront of this nation's march toward full equality for all of its citizens. In July 1997, three same-sex couples challenged Vermont to act as a leader yet again, this time in affording full civil rights to the State's gay and lesbian citizens. Stan Baker and Peter Harrigan, Nina Beck and Stacy Jolles, and Holly Puterbaugh and Lois Farnham were denied marriage …
The Marriage Mirage: The Personal And Social Indentity Implications Of Same-Gendered Matrimony, Linda S. Eckols
The Marriage Mirage: The Personal And Social Indentity Implications Of Same-Gendered Matrimony, Linda S. Eckols
Michigan Journal of Gender & Law
This Article will examine why so much is at stake in the political, social, and legal debate over same-gender marriage. It will not address the constitutional questions of whether there is a fundamental right to marry, although persuasive arguments have been advanced from both sides of the debate." This Article will focus on a more introspective view of the potential effects of legalizing same-gender marriage on the identities of gay men and lesbians in committed relationships and on the interaction between same-gender couples and society. Marriage would provide the integration sought by gay men and lesbians, but at the expense …
For Better Or Worse: A Critical Analysis Of Florida's Defense Of Marriage Act, Michael J. Kanotz
For Better Or Worse: A Critical Analysis Of Florida's Defense Of Marriage Act, Michael J. Kanotz
Florida State University Law Review
No abstract provided.